Beach Protection Act Amendment Act 1970 (Qld)

513 Qmenslalt4 ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 41 of 1970 An Act to Amend The Beach Protection Act of 1968 in certain particulars [ASSENTED TO 21ST DECEMBER, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows: 1. Short title and citation . (1) This Act may be cited as the Beach Protection Act Amendment Act 1970. (2) The Beach Protection Act of 1968 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Beach Protection Act1968-1970. 2. Amendment of s. 3. Section 3 of the Principal Act is amended by, in subsection (1)- (a) inserting after the definition " court " the following definition:--- "" Director "-The Director of the Department of Harbours and Marine;";

514 Beach Protection Act Amendment Act 1970, No. 41 (b) omitting the definition " Engineer " and inserting in its stead the following definition:- " " Engineer "-The engineer in the Department of Harbours and Marine who for the time being is designated by the Director to be the Engineer to the Authority;"; (c) omitting the definition " Minister " and inserting in its stead the following definition:-- " " Minister "-The Minister for, Conservation, Marine and Aboriginal Affairs or other Minister of the Crown for the time being charged with the administration of this Act: The term includes a Minister of the Crown temporarily performing the duties of the Minister charged with the administration of this Act;"; (d) omitting the definition " Secretary " and inserting in its stead the following definition:- Secretary "-The officer of the Department of Harbours and Marine who for the time being is designated by the Director to be the secretary of the Authority and of the Board;". 3. Amendment of s. 5 . Section 5 of the Principal Act is amended by, in subsection (3)- (a) omitting paragraph (a) and inserting in its stead the following paragraph:- " (a) in the case of the Chairman, the Director;"; (b) omitting paragraph (c) and inserting in its stead the following paragraph:- ( (cc) ) a representative of the Department of the Co-ordinator- General of Public Works who shall be nominated by the Minister for the time being administering that Department;". 4. Amendment of s. 7. Section 7 of the Principal Act is amended by, in subsection (3)- (a) omitting from paragraph (a) the words " the Co-ordinator- General of Public Works " and inserting in their stead the words " Harbours and Marine "; (b) omitting from paragraph (e) the words " Harbours and Marine " and inserting in their stead the words " the Co-ordinator-General of Public Works ". 5. Repeal of and new s. 16. The Principal Act is amended by repealing section 16 and inserting in its stead the following section:- " 16. Assignment of officers , etc., to Authority. (1) The Director shall designate- (a) an engineer in the Department of Harbours and Marine to be Engineer to the Authority; (b) officers of the Department of Harbours and Marine to be respectively Secretary of the Authority and of the Board, and Accountant of the Authority, and may assign such other officers and employees of the Department of Harbours and .Marine to perform such duties as are required for the exercise and performance of the powers, functions and duties of the Authority under this Act or otherwise to secure the objects and purposes of this Act.

Beach Protection Act Amendment Act 1970, No. 41 515 (2) A person who is required to perform duties on behalf of the Authority pursuant to the preceding subsection may perform those duties in conjunction with any other duties he is required to perform by reason of his membership of the Public Service of Queensland.". 6. Amendment of s. 36. Section 36 of the Principal Act is amended by- (a) omitting subsection (2) and inserting in its stead the following subsection:- " (2) Where a recommendation or part of a recommendation of the Authority is that the whole or part of the limits of a harbour defined pursuant to The Harbours Acts 1955 to 1968 be included within a beach erosion control district it shall not be competent to the Governor in Council to give effect to that recommendation or, as the case may be, part pursuant to subsection (1) of this section unless the recommendation or part has been approved by the Minister or, if at the material time The Harbours Acts 1955 to 1968 are being administered by a person other than the Minister, by that person."; (b) in subsection (3), adding the following paragraph:- " The Authority shall furnish a copy of such plan or map showing the current boundaries of a beach erosion control district delineated thereon- (a) where that district includes freehold land, to the Registrar of Titles at Brisbane to be kept in the Registry at Brisbane or, as the situation of the land may require, in the Local Registry at Rockhampton or Townsville established under The Real Property (Local Registries) Act of 1887; (b) where that district includes land other than freehold land, to the Registrar of Dealings, Department of Lands, at Brisbane and to any other person charged with the duty of recording dealings affecting land included in that district to be kept by him in his office.". 7. Amendment of s. 37. Section 37 of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- ,, (1) As soon as is practicable after a beach erosion control district is declared the Authority shall cause to be prepared a scheme or several schemes (as the Authority thinks fit) for the protection of all beaches within the district against erosion, or encroachment by the sea, or both (as the Authority deems necessary). Where several schemes are to be prepared each scheme shall be prepared in relation to one or more of the beaches within the district and a beach included in one scheme shall not be included in any other scheme.".

516 Beach Protection Act Amendment Act 1970, No. 41 8. Amendment of s. 45. Section 45 of the Principal Act is amended by- (a) numbering the existing provisions as subsection (1); (b) adding the following subsections:-- " (2) The Authority may grant its consent free of conditions or may stipulate conditions on the fulfilment whereof its consent will be granted. (3) The Registrar of Titles or other person charged with the duty of recording dealings affecting land shall not record any instrument dealing with land the subject of an application to which subsection (1) of this section applies or has applied, other than an instrument surrendering land to the Crown, unless and until a plan of the subdivision or, as the case may be, of the road bearing the consent of the Authority is registered in his office.". 9. Amendment of s. 46 . Section 46 of the Principal Act is amended by- (a) in subsection (1), adding the following paragraph:- " For the purposes of this section neither the grant pursuant to section 44 of this Act of a permit subject to terms or conditions nor the stipulation pursuant to section 45 of this Act of conditions to be fulfilled before the Authority's consent will be granted shall be construed as a refusal of the Authority to grant a permit or to consent." (b) adding the following subsection:- " (4) Where a person has obtained compensation from the Authority under this section on account of his estate or interest in any land being injuriously affected no person shall thereafter be entitled to obtain compensation from the Authority under this section on account of his estate or interest in that land or in any part of it being injuriously affected. As soon as practicable after such compensation is paid the secretary shall furnish- (a) in the case of freehold land, to the Registrar of Titles at Brisbane or, as the situation of the land concerned may require, to the Local Deputy Registrar of Titles at Rockhampton or Townsville; (b) in the case of land other than freehold land, to the Registrar of Dealings, Department of Lands, at Brisbane, notification of the payment and shall therein identify the land in respect of which the payment was made. Such notification shall be in a form acceptable to the Registrar of Titles or, as the case may be, the Registrar of Dealings. The registrar to whom notification is furnished under this subsection shall- (a) upon receiving sufficient notice thereof, endorse a memorial of the instrument of notification upon the copy held in his office of the instrument of title to the land concerned which memorial shall record the fact of payment of compensation under this section in respect of the land to which the title relates; and

Beach Protection Act Amendment Act 1970, No. 41 517 (b) whenever the other copy of the instrument of title to the land concerned comes into his possession, endorse a like memorial upon that copy. Where, subsequently to the entry of a memorial on an instrument of title pursuant to this subsection, another instrument of title to the whole or part of the land concerned is issued in lieu of the instrument upon which the memorial is endorsed a like memorial shall be endorsed upon all copies of the instrument of title so issued. Stamp duty and fees shall not be payable in connexion with any document made for the purpose of having entered the memorial referred to in this subsection.". 10. Amendment of s. 49. Section 49 of the Principal Act is amended by, in subsection (3)- (a) omitting the word " Not " and inserting in its stead the words Save to the extent it is otherwise prescribed by this subsection, not ": (b) adding the following paragraph:- " Where entry upon land is proposed for the purpose only of making an inspection or a valuation thereof notice as prescribed by this subsection need not be given.". 11. Effect of Amendment on existing Authority and Board . (1) Upon the commencement of this Act- (a) the Co-ordinator-General of Public Works shall cease to be the chairman of The Beach Protection Authority as it is constituted under the Principal Act immediately prior to the commencement of this Act and the Director of the Department of Harbours and Marine shall be the chairman of the Authority in his stead; (b) the representative of the Department of Harbours and Marine shall cease to be a member of The Beach Protection Authority as it is constituted under the Principal Act immediately prior to the commencement of this Act and a representative of the Department of the Co-ordinator-General of Public Works shall be appointed, as to a casual vacancy, to membership of the Authority in his stead; (c) the representative of the Department of the Co-ordinator- General of Public Works shall cease to be a member and chairman of the Beach Protection Advisory Board as it is constituted under the Principal Act immediately prior to the commencement of this Act and a representative of the Department of Harbours and Marine shall be appointed, as to a casual vacancy, to membership of the Board in his stead and shall be the chairman of the Board; (d) the representative of the Department of Harbours and Marine shall cease to be a member of the Beach Protection Advisory Board as it is constituted under the Principal Act immediately prior to the commencement of this Act and the representative of the Department of the Co-ordinator-General of Public Works who is a member of The Beach Protection Authority shall be appointed, as to a casual vacancy, to membership of the Board in his stead.

518 Beach Protection Act Amendment Act 1970, No. 41 (2) Where a person is required by this section to be appointed, as to a casual vacancy, to membership of The Beach Protection Authority or the Beach Protection Advisory Board, for the purpose of calculating the term of office of the appointee the member whom he is replacing shall be deemed to be the predecessor of the appointee in the office to which the appointment is made.